KHASI HILLS AUTONOMOUS DISTRICT (APPOINTMENT AND SUCCESSION OF THE SIRDAR AND HEADMEN OF LAITKROH SIRDARSHIP) ACT, 2006

2006

02nd March, 2006

AN ACT to make provisions for the Appointment and Succession of the Sirdar and Headmen of Laitkroh Sirdarship. Whereas under clause (g) of sub-paragraph (1) of paragraph 3 of the Sixth Schedule to the Constitution of India, the District Council of an Autonomous District is empowered to make laws with respect to the appointment or succession of Chiefs or Headmen: And whereas it is expedient to make such provisions for the appointment and succession of the Sirdar and Headmen of Laitkroh Sirdarship; Now, therefore, the District Council of the Khasi Hills Autonomous District, in exercise of powers conferred on it as aforesaid and of all other powers enabling it in that behalf, hereby enacted in the Fifty Seventh Year of the Republic of India as follows:-

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S.1 Short title, Extent and Commencement

(1) This Act may be called the Khasi Hills Autonomous District (Appointment and Succession of the Sirdar and Headmen of Laitkroh Sirdarship) Act, 2006.

(2) It applies to the whole of Laitkroh Sirdarship.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them as follows:-

(a) "Adult" means a person who is not less than eighteen years of age;
(b) "District Council" means the Khasi Hills Autonomous District Council constituted under the provisions of the Sixth Schedule to the Constitution of India.
(c) "Durbar Hima" or "Durbar Pyllun" means the general Durbar of the Laitkroh Sirdarship to be convened, wherever necessary on the advice of the Executive Durbar, by the Sirdar or any person acting as such provided that the Durbar Hima shall compulsorily be convened by the Sirdar at least once in every year with prior intimation to the Executive Committee.
(d) "Electors" mean the adult members of the Laitkroh Elaka, belonging to the Khasi Community who are eligible to elect the Sirdar of the Laitkroh Sirdarship;
(e) "Executive Committee" means the Executive Com

S.3 The post of Sirdar and terms of Office

The Sirdar shall be elected from among the adult male members of the Sirdarship and his terms of office shall be for 5 (five) years from the date of appointment.

Provided that a person holding the office of a Sirdar shall, on the expiry of his term, be eligible to stand for re-election.

S.4 Election for the appointment of the Sirdar

(1) When a vacancy occurs in the office of the Sirdar, the Returning Officer shall cause the Electoral Roll to be prepared of all eligible voters, call for the nomination of candidates, hold election, declare the result thereof and or do things necessary for the purpose of the election.

(2) The Returning Officer may, incase of doubt or uncertainty, refer the proceedings to the Executive Committee who shall decide and direct the Returning Officer accordingly.

S.5 Appointment of the Sirdar

On the basis of the result referred to in Section 4 of this Act, the Executive Committee shall recommend the appointment of the elected/Sirdar to the next Session of the District Council and after approval of the Council, shall forthwith issue appointment order under such terms and conditions as the Executive Committee may provide and not inconsistent with the provisions of this Act.

S.6 Dispute regarding the Election

If within thirty days of the declaration of the result by the Returning Officer any dispute arises regarding any matter relating to or connected with the Election of the Sirdar, the party or parties concerned shall refer the dispute by a petition, to the Tribunal constituted by the Council for the purpose and the Tribunal shall dispose of the matter as early as possible and shall not ordinarily exceed six months from the date of receipt of the case records and the decision of the Tribunal shall be final.

Such petition shall be filed to the Secretary of the Executive Committee in duplicate accompanied by a fee of Rs. 250/- (Rupees two hundred) only.

S.7 Qualification for the office of Sirdar

Any male adult shall qualify to be elected as a Sirdar provided he:

a) is a resident of Laitkroh Sirdarship;
b) is not less than 18 years of age;
c) is included in the Voters' List of Laitkroh Sirdarship;
d) is not an employee of any Government Department or District Council or any other autonomous body (ies);
e) is not a member of another Elaka.

S.8 Removal and suspension of Sirdar

The Sirdar may be removed from office or suspended by the Executive Committee, if:

(a) he violates any of the terms and conditions of his appointment; or
(b) he violates any of the laws, regulations, rules and the resolutions passed by the Council; or
(c) he refuses to carry out the orders and instructions issued by the Executive Committee; or
(d) he is found to be mentally unfit to carry out his functions; or
(e) he is found incapable of carrying on the administration to the satisfaction of the Executive Committee due to ill health, old age or habitual drunkenness; or
(f) he violated any customary rights and practices prevailing in the Elaka and duly recognised by the Executive Committee; or
(g) he has been convicted of an offences involving moral turpitude; or
(h) he is found to have oppressed the people of the Elaka and they have just cause for dissatisfaction with his misrule; or
(i) he has los

S.9 Appointment of Acting Sirdar

(1) If at any time the Office of a Sirdar becomes vacant as a result of death, resignation, removal or suspension, the Executive Committee may, by order in writing, appoint any male adult who fulfills the qualifications as prescribed under section 7 of this Act; as an Acting Sirdar who shall exercise all the powers and functions of the Sirdar.

(2). An Acting Sirdar will remain in office until appointment of a new Sirdar or until further order of the Executive Committee whichever is earlier.

3) Whenever there is a change of incumbent on account of sub-section (1) above, there shall be a proper taking and handing over charge of the office properties duly recorded in writing between the predecessor and the successor incumbents in the presence of witnesses.

Any deliberate or willful violation of this provision shall be treated to be an act of criminal breach of trust and the incumbent is liable to be proceeded with accordingly.

S.10 Election and Confirmation of Headmen

(1) Any vacancy in the post of Headmen shall be reported to the Sirdar who shall direct the Secretary of the village concerned to summon a meeting of all the male adults of that village on such date and time as may be fixed by him for the election of a new Headmen, and such meeting shall be presided over by the Sirdar or by any person authorized by him. The result of the election shall be declared by the Sirdar who shall forthwith issue appointment letter to the person concerned with intimation to the Executive Committee.

(2) The Executive Durbar shall have the power to determine the necessary qualifications and the matters connected with the office of Headman.

(3) An appeal against any order passed by the Sirdar and his Durbar shall lie to the Executive Committee whose decision shall be final. Such appeal shall be filed within 30 (thirty) days from the date the order is communicated or known to the party or parties concerned accompanied by -

(a) A certif

S.11 Authorisation

The Executive Committee may authorize by order in writing two of its members to exercise on its behalf any power or powers conferred upon it under Section 8 and Section 10 of this Act, and any thing heard, any act done or order passed by such members of the Executive Committee shall be deemed to have been heard, done or passed by the Executive Committee.

S.12 Taking part in Politics and Elections

(1) The Sirdar, or Acting Sirdar or any Headmen shall not be a member or be otherwise associated with any political party or any organisation which takes part in politics, nor shall they take part in, subscribe in aid or assist in any other manner, any political movement or activity.

(2) If any question arises whether any movement or activity falls within the scope of this Act, the decision of the Executive Committee shall be final.

(3) The Sirdar, or Acting Sirdar or any Headmen shall not canvas or otherwise interfere or use his influence in connection with or take part in an election to any Legislature, Council or Local authority:

(i) the Sirdar or Acting Sirdar or any Headmen qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;
(ii) the Sirdar or Acting Sirdar or any Headman shall not be deemed to have contravened the provis

S.13 Demonstrations and Strikes

The Sirdar, or Acting Sirdar or any Headman shall not participate in any demonstration or resort to any form of strike in connection with any matter pertaining to his condition of service.

S.14 Connection with press, radio, television, etc.

(1) The Sirdar, or Acting Sirdar or any Headman shall not except with the previous sanction of the Executive Committee own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other media.

(2) The Sirdar, or Acting Sirdar or any Headman shall not except in accordance with any general or special orders of the Executive Committee or in the performance in good faith of the duties assigned to them communicate directly or indirectly any official documents or information to any other person or to the press to whom they are not authorise to communicate such documents or information.

S.15 Criticism of the Executive Committee

(1) The Sirdar, or Acting Sirdar or any Headman shall not in any manner make radio or television broadcast, or publish and any document, or make any statement or public utterances, or any communication to the press (i) which has the effect of an adverse criticism of the Central or the State Government or the Executive Committee or (ii) which is likely to embarrass the relation between the Central Government and the District Council or the Central Government and any State Government or the State Government and the District Council.

(2) Subject to the provisions of sub-section (1) above, nothing in this section shall apply to any statements made or views expressed to the Executive Committee in confidence by the Sirdar, or Acting Sirdar or any Headman in their official capacity or the due performance of their duties.

S.16 Power to make rules

The Executive Durbar shall have the power to make rules for the day-to-day administration of the Sirdar in accordance with the customary practices and the provisions of this Act and such rules shall be submitted to the Executive Committee for approval.

S.17 Protection of action taking in good faith

No suit, prosecution or other legal proceedings shall lie against any officer or person for executing any order made by the Executive Committee or in respect of anything which is in good faith done or intended to be done by the authorised officer or person under this Act or the rules or orders made thereunder.

S.18 Annulment

The provisions contained in the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs & Headmen) Act, 1959 as amended, shall on and from the commencement of this Act, no longer be operative as far as the Laitkroh Sirdarship is concerned.